What is an easement, and why does it matter when buying rural land near Westcliffe?
An easement is a legal right for someone else — a neighbor, a utility company, or the public — to use part of your property for a specific purpose, like a shared driveway or a power line. It doesn’t transfer ownership, but it can affect where you can build, how you can use part of your land, and what the property is actually worth. In Custer County, easements show up constantly on rural parcels, and understanding what’s on a property before you close is one of the most overlooked steps in a land purchase.
By Kayla Brady | September 14, 2026
Easements are one of those things buyers don’t think to ask about until they’re already staring at a title commitment with unfamiliar language on it. On rural land near Westcliffe, they’re common enough that you should expect to encounter at least one on almost any property — the question isn’t whether there’s an easement, it’s what kind, and whether it affects your plans.
The Easements You’ll Most Likely Encounter Here
Access easements. If a parcel doesn’t directly touch a public road, an access easement across a neighboring property is often what makes reaching it legally possible. Shared driveways and access roads across historic ranch splits are common in this area, since much of Custer County’s rural land was subdivided from larger historic ranches without formal road planning.
Utility easements. Power lines, water lines, and sometimes pipelines commonly cross private land as they travel between properties. These typically affect a narrow strip of land — you still own the ground, but you generally can’t build permanent structures or plant large trees directly over the corridor.
Irrigation and ditch easements. On agricultural and ranch land, easements tied to irrigation ditches or water conveyance are common, and they can affect a meaningful portion of a property depending on how the ditch runs.
Drainage easements. These allow water runoff to flow through a defined area of the property and typically restrict what you can build there.
Recorded vs. Unrecorded: Why the Difference Matters
Most easements are recorded with the county and show up in a title search — your title company’s title commitment will list them as exceptions to the policy. This is the version you want: documented, defined, and something you can evaluate clearly before closing.
The riskier version is a prescriptive easement — one that arises from actual use over time rather than a written, recorded agreement. These may not show up in any title search at all. Signs of a possible unrecorded easement include a worn path, tire tracks crossing a field, or utility infrastructure running across the land without a corresponding recorded document. This is exactly why a physical walk of the property matters just as much as reviewing paperwork.
What to Check Before You Close
- Get a title search and read the title commitment carefully. Every easement listed as an exception is worth understanding — where it runs, what it’s for, and how it might affect your use of the property.
- Order a survey, especially on rural or unplatted land. A basic Improvement Location Certificate gives a rough picture, but for rural acreage, an ALTA/NSPS survey identifies exact boundaries, easements, and encroachments and is worth the added cost for larger or more complex parcels.
- Walk the entire property, not just the areas near the house. Look for worn paths, fence lines that don’t match the recorded boundary, or infrastructure that doesn’t appear on any document you’ve seen.
- Ask directly about access if the parcel doesn’t border a public road. Don’t rely on an informal understanding with the seller — confirm the access easement is recorded and legally transfers to you as the new owner.
- Ask your title company about endorsements if an easement’s documentation is unclear. Additional title coverage can protect you against issues with unrecorded or ambiguous easements.
How Easements Affect Value and What You Can Do With the Property
Not every easement is a problem. An access easement that gets you legally to a public road generally adds value — without it, the parcel may be effectively landlocked. A utility easement running along a property edge is usually a minor consideration. But a utility or drainage easement running through the middle of a parcel, restricting where you can build your home, barn, or other structures, can meaningfully limit your plans and should factor into your offer.
Before you get attached to a specific building site or layout for a property, confirm it doesn’t sit inside a recorded easement corridor.
Sellers: Your Disclosure Obligations Extend to Easements
Easements run with the land, which means as a seller, you can’t simply leave a known easement off your disclosure. Colorado’s Seller’s Property Disclosure requires you to disclose known easements that materially affect the property, and failing to do so can expose you to liability after closing. If you’re not sure what easements exist on your property, pulling your title policy or ordering a title search before you list is worth doing early.
Frequently Asked Questions
Does an easement mean I don’t fully own that part of my property?
No. An easement grants someone else the right to use part of your land for a specific purpose, but you retain ownership of the property itself. It limits certain uses; it doesn’t transfer title.
How do I find out what easements exist on a property I’m considering?
A title search through your title company will identify recorded easements listed in the title commitment. A property survey and a physical walk of the land help catch anything that might not be fully documented.
Can I build over a utility easement on my property?
Generally no, not with permanent structures. Utility easements typically restrict what you can build directly over the corridor, though you usually retain use of the surrounding land.
What is a prescriptive easement, and why is it risky for buyers?
A prescriptive easement arises from actual, ongoing use of land rather than a written agreement, and it may not appear in a title search at all. A physical property inspection for signs of use helps identify these before you close.
Do sellers have to disclose easements in Colorado?
Yes. Easements run with the land, and sellers must disclose known easements that materially affect the property on the Colorado Seller’s Property Disclosure. Failing to disclose can create liability after closing.
If you’re evaluating rural land near Westcliffe and want help understanding what’s actually on a property before you make an offer, I’m happy to walk through it with you. Reach out anytime and we’ll go through the specifics together.
About Kayla Brady
Kayla Brady is a Realtor with HomeSmart Preferred Realty serving Westcliffe and Custer County, Colorado. She works with buyers and sellers across the Wet Mountain Valley on land, cabins, mountain and horse properties, ranches, and in-town homes, and helps buyers understand exactly what they’re getting — easements included — before they close.